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| | Children and Adoption Bill [Lords]
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| | [Third and Fourth Sittings]
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| | | That the Order of the Committee of 13th March 2006 be amended by— |
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| | | (a) | the insertion after paragraph (1)(b)—
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| | | “(c) at 10.30 a.m. and 4.00 p.m. on Tuesday 21st March;”, |
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| | | (b) | the substitution in paragraph (3) of “7.00 p.m. on Tuesday 21st March” |
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| | | for “4.00 p.m. on Thursday 16th March”. |
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| | Clause 4, page 7, line 22, at end insert— |
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| | | ‘(3A) | In deciding whether a person had reasonable excuse for failing to comply with a |
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| | | contact order, the court shall consider |
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| | | (a) | any objections from the child about the contact arrangements, and |
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| | | (b) | the behaviour of the contact parent. |
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| | | (3B) | No court may make an enforcement order as regards a person in breach of a |
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| | | (a) | it has considered an assessment of the risk to the child concerned and of |
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| | | any person with whom the child has his home, and |
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| | | (b) | it is satisfied that the safety of the child of any person with who the child |
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| | | has his home will not be compromised by making an enforcement order.’. |
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| | Clause 4, page 7, line 25, at end insert— |
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| | | ‘(4A) | When considering whether to make an enforcement order, the Court shall have |
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| | | regard to the principle that, subject to the welfare of the child, the court acts on |
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| | | the presumption that a child’s welfare is best served through reasonable contact |
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| | | with both his parents unless good reason to the contrary is shown.’. |
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| | Clause 4, page 7, leave out line 34. |
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| | Clause 4, page 7, line 35, leave out subsections (6) and (7). |
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| | Clause 4, page 8, line 15, at end insert— |
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| | | ‘(14) | In considering whether to make an enforcement of a contact order, the welfare of |
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| | | the child concerned is to be the court’s paramount consideration.’. |
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| | Clause 4, page 8, line 30, leave out ‘18’ and insert ‘16’. |
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| | Clause 4, page 8, line 46, at end insert— |
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| | | ‘(1A) | In considering whether to make an enforcement order the court shall take into |
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| | | account the need for separate representation of the child and his interests.’. |
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| | Clause 4, page 9, leave out lines 18 to 20 and insert— |
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| | | ‘(7) | In making an enforcement order in relation to a contact order, the welfare of the |
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| | | child concerned is to be the court’s paramount consideration.’. |
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| | Clause 5, page 10, line 7, after ‘suffered’, insert ‘significant’. |
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| | Clause 5, page 10, line 8, at end insert ‘including the costs incurred by initiating |
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| | court action if subsequently upheld,’. |
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| | Clause 5, page 10, line 15, after ‘excuse’, insert ‘and the standard of proof is the |
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| | balance of probabilities’. |
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| | Clause 5, page 10, line 26, leave out subsections (7) and (8). |
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| | Clause 5, page 10, leave out lines 43 to 44 and insert— |
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| | | ‘(14) | In exercising its powers under this section, the welfare of the child concerned is |
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| | | to be the court’s paramount consideration.’. |
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| | Clause 5, page 10, line 44, at end insert— |
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| | | ‘(15) | In considering compensation for financial loss, the welfare of the child concerned |
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| | | is to be the court’s paramount consideration.’. |
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